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Last Updated: November 8th, 2019
Please read these Terms of Use carefully before using this Website.
This website, https://www.companygear.carhartt.com (referred to as the "Website") is offered to you by Carhartt, Inc. (which we may refer to as "Carhartt," "we," "us," or "our").
It is important that visitors to the Website are aware of their respective legal rights and obligations when using the Website. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY). By accessing or using this Website, you agree to be legally bound by these Terms of Use and all terms contained or referenced herein or any additional terms set forth on any portion of the Website. If you do not agree to all of these terms, you should not access or use this Website.
We reserve the right to update and make changes to these Terms of Use at any time by updating this posting or providing notice to you as permitted under applicable law. By using the Website, you agree to be bound by any such changes. You should periodically visit the Website to review the current Terms of Use that govern use of the Website.
We further reserve the right to modify, discontinue or make updates, in whole or in part, to the Website or the Content (as defined below) or features of the Website at any time without notice.
The Website is available to people residing in the United States who can form legally binding agreements under applicable law. Access to the Website may be prohibited in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access. This Website is intended solely for purchase of products intended for internal business use. Purchase of products for resale is strictly prohibited. By using the Website, You agree and represent that you are buying for your own internal business use only, and not for resale.
Personal information collected or used in connection with this Website will be used in accordance with the Carhartt's Privacy Policy and these Terms of Use.
To purchase any items offered on the Website, you must set up an account on the Website. When you register, you must complete the registration process online by providing Carhartt with current, complete and accurate information. By way of illustration and not limitation: You may be required to provide your name, company name, company mailing address, company industry, company size, company phone number, username, password, e-mail address, and certain additional information (such as, for example, preferred contact method). Each user setting up an account on the Website is responsible for updating your account information and keeping account information confidential. You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any order, purchase or other obligations, which may result from such use. You agree to notify Carhartt immediately of any unauthorized use of your account or any other breach of security. If we believe the details are not correct, current, or complete, we have the right to terminate or suspend your account on the Website. Only one account may be associated with a single address. If an account already exists with a company mailing address, you will not be able to open an account with that address.
You agree that Carhartt, in its sole discretion, may terminate, suspend, or disable your use of the Website and Content at any time and for any or no reason, in its sole discretion, if (i) Carhartt believes you have violated or acted inconsistently with these Terms of Use, (ii) in order to comply with applicable law, or (iii) in any other circumstances Carhartt deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Further, you agree that Carhartt shall not be liable to you or any third party for any termination or suspension of your access to the Website. If Carhartt terminates, suspends, or disables your Website account, you remain obligated to pay Carhartt for all unpaid purchases made prior to the termination or suspension of your Website account.
If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account. To purchase a product on the Website, you must be a customer with an active account in good standing with a Carhartt. Please note that if you purchase a product from the Website, our Terms of Purchase apply to your purchase. Click Here to consult the Terms of Purchase.
By placing an order, you understand that (i) Carhartt's acknowledgement of an order is not acceptance of an order and Carhartt may reject or cancel an order at any time; (ii) you must have an existing account with Carhartt and agree that Carhartt may charge the selected method of payment at the time of your transaction; (iii) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (iv) you will pay all taxes; and (v) if Carhartt does not receive payment from your payment card issuer, you will pay all amounts due upon demand.
We have no obligation to proof or otherwise to pre-screen (i.e., confirm the digital files are all present, valid, correctly formatted, of the desired type, meet content requirements, etc.) or provide quality assurance review of any files or the content or layout of your order. Prior to placing an order for customized products, you must review the text and content of your submission thoroughly for accuracy. Orders are printed in their "as submitted" form and you are solely and fully responsible for any text or content you submit and final proofing. Carhartt is not responsible for misspelled or mis-designed submissions; however, we reserve the right to reject orders and submissions that do not meet Carhartt policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Be advised the Website includes a virtual representation of your final product, and the preview and digitized artwork may vary from the final product depending on your tool. Carhartt reserves the right to make digitization suggestions or decisions for design quality purposes. Digitization results may vary based on product, logo, designs, texture, fabric, number of colors, and similar reasons.
You are responsible for ensuring that any files submitted by you are in the proper format and transferred via a permitted transfer method. We reserve the right to limit the number of revisions you make to an order. If you have time sensitive material (i.e., it has a specific date by which it must be delivered), please plan accordingly. Product turnaround times and shipping times are estimates only. We will process customs orders as quickly as possible, but please allow up to 30 business days for processing.
Carhartt prohibits placing logos, emblems, or deigns on Carhartt products that may negatively impact Carhartt's brand in Carhartt's sole discretion, including, without limitation, logos, emblems, and designs that are obscene, vulgar, advocate or display violence or illegal activity, and/or relate to sex (excluding gentleman's clubs) and pornographic industries. Carhartt is an environmentally conscious and socially and politically aware brand and reserves the right to prohibit logos, emblems, and designs that, in its sole and absolute discretion, run counter to, or are inconsistent with, its brand identity. The decoration of any Carhartt garment with the proprietary mark, name or logo of any company or organization without the appropriate license and/or authorization of the company or organization is expressly prohibited.
By placing a custom order, you certify you have the lawful right to use all text and content submitted in your order and to authorize Carhartt to copy, print and use the text and content to customize the product in the quantities requested in your order. IMPORTANT: You represent and warrant that your Submission (as defined below) does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another's idea or rights of privacy or publicity. You agree that you will not contribute any Submissions unless you have all of the rights (including rights from the copyright owner) necessary to grant Carhartt the use license, and to satisfy all of the warranty requirements, described above. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.
"Carhartt Intellectual Property" means all industrial, commercial and intellectual property rights owned by Carhartt including but not limited to all trademarks, copyrights, patents, trade dress rights, rights of publicity and/or other intellectual property rights owned, controlled, or licensed by Carhartt. Carhartt reserves all of its rights to and in all Carhartt Intellectual Property, and nothing herein grants any rights in Carhartt Intellectual Property to you. By using the Website, you agree not to take any action that is inconsistent with or in violation of Carhartt's Intellectual Property rights.
Customized goods should not be construed as creating an affiliation, collaboration, or any other type of association between You and Carhartt. You agree not to make statements or representations to any third party or take any other action that would tend to imply any such affiliation, collaboration, or association.
We provide products for purchase. We do our best to describe every product or service offered on the Website as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Website is complete, accurate, current, or error-free. The detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your device, computer equipment and Internet connections. We may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.
We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.
The design tools provided on the Website employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.
Content included on the Site, including information, data, software, images, photographs, videos, and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Carhartt (and its licensors) own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto, and you acknowledge and agree to Carhartt's ownership thereof. The rights in the Content are retained by the respective owner and are protected by copyright and other applicable law. Except as expressly authorized or licensed, you may not sell, license, rent, download, modify, distribute, copy, reproduce, transmit, display, publicly perform, publish, adapt, edit or create derivative works of, or otherwise use for commercial purposes the Website and/or any Content. The software, applications, algorithms and technology used to provide the Website and functionality remain the exclusive property of Carhartt or our vendors and licensors. Attempting to access or use the Website and Content for any purpose not expressly permitted in the Terms of Use is prohibited.
You have the ability to provide, post, upload or otherwise submit to the Website text, logos, graphics, icons, photographs or other content and materials (collectively, "Submissions"). By submitting a Submission, you certify that you are eighteen (18) years and have the right and authority to submit the Submission and if submitting on behalf of an employer, have authorization from your employer to submit the Submission. You are solely responsible for your own Submissions. Without limiting the generality of anything set forth in these Terms of Use, all of the Codes of Conduct described these Terms of Use below apply to such Submission. We have no obligation to store, maintain or archive a Submission. A Submission may not be accessible after completion of your order. You are solely responsible for creating back-up copies of your Submissions. Carhartt cannot provide copies of your Submission to you.
You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant Carhartt a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
Carhartt has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason, and to take any additional action we deem in our sole discretion to be appropriate in relation thereto. Without limitation, you agree not to:
You further agree not to violate or attempt to violate the security of the Website, including, without limitation by:
In regards to any occurrence or activity which we believe violates these Terms of Use, we may investigate and fully cooperate with any law enforcement authorities, court orders, or legal process, including any such authorities, orders, or process which may request or direct Carhartt to disclose the identity of any person. Violations of these Terms of Use may result in civil or criminal liability.
CARHARTT'S STANDARD PRODUCT WARRANTIES IN EFFECT ON THE DATE OF THE INVOICE APPLY FOR THE APPLICABLE PRODUCTS. STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. CARHARTT ASSUMES NO LIABILITY FOR GARMENTS THAT HAVE BEEN ALTERED, INCLUDING CARHARTT FACILITATED EMBROIDERY OR SCREEN PRINT.
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE, CONTENT AND USER CONTENT ARE PROVIDED BY CARHARTT WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARHARTT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CARHARTT (COLLECTIVELY WITH CARHARTT, THE "CARHARTT GROUP"), AND ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE WEBSITE, CONTENT OR USER CONTENT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE WEBSITE, CONTENT OR USER CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
The Carhartt Group and its or their respective contractors, employees, shareholders, members, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Carhartt are free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CARHARTT GROUP OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS ("COVERED PARTIES") BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE WEBSITE, CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR USER CONTENT, EVEN IF CARHARTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF ANY COVERED PARTY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Carhartt is in no way responsible for the content of any site owned by a third party that may be linked to or from the Website, whether or not such link is provided by the Website or by a third party in accordance with the Terms of Use. These other websites are not under Carhartt's control, and you acknowledge and agree that Carhartt is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Carhartt or any association with its operators. Additional or different terms and conditions may apply when you are accessing and using such other websites.
If you know or suspect that any of the materials on this Website have been used or copied in a way that constitutes copyright infringement, please send notice to Carhartt's designated agent identified below. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must include the following:
The designated agent for notice of copyright infringement claims may be reached as follows: Legal Department Carhartt, Inc. 5750 Mercury Drive Dearborn, Michigan 48126
The preceding information is provided exclusively for notifying Carhartt that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.
You agree to (a) defend the Carhartt Group and its or their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of the posting, content or transmission of any message, data, material or any other Submissions you submit on the Website or any violation of these Terms of Use by you, and (b) indemnify Carhartt for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys' fees) awarded and arising out of such a claim. Carhartt, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Carhartt in asserting any available defenses.
We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website and/or any software, facilities, and services on the Website, with or without notice and/or to establish general guidelines and limitations on their use. We will have no responsibility or liability for failure to store or delete any Content and/or Submissions submitted to the Website.
The Terms of Use (including and together with any terms incorporated herein) are the entire agreement between you and Carhartt with respect to the subject matter herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Carhartt with respect to the subject matter herein. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
No failure on the part of Carhartt to enforce any part of these Terms of Use shall constitute a waiver of any of Carhartt's rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Carhartt nor the reliance of any person on Carhartt's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Carhartt shall have any legal effect whatsoever.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
With the exception of the Section regarding Disputes (provided below) which will be construed in accordance with the FAA, these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Michigan.
To the fullest extent permissible by law, with the exception of disputes pertaining to Carhartt's intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Carhartt arising under these Terms of Use shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any Michigan state or federal court with substantial experience in the internet industry and shall follow Michigan substantive law in adjudicating the dispute, except that this Section 21(a) shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and we agree that we intend that this Section satisfies the "writing" requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Carhartt. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Carhartt shall pay the costs and fees of JAMS and the arbitrator. Carhartt agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
If you have any questions regarding these Terms of Use, please contact us.
